Ex Parte CLARK et al - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 28           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                   Ex parte WILLIAM R. CLARK and DAVID S. LAFLEUR                     
                                                                                     
                                Appeal No. 2004-0546                                  
                             Application No. 09/411,793                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, OWENS and TIMM, Administrative Patent Judges.                
          KIMLIN, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1,                
          3-11, 14-18, 21, 22, 24, 29 and 36-40.  Claims 12, 27, 33, 35 and           
          41, the other claims remaining in the present application, stand            
          withdrawn from consideration.  Claim 1 is illustrative:                     
          1.   A fluid flow control valve assembly comprising:                        
               A. a rotatable valve member disposed across a cross section            
                  of a passageway having a fluid flow throughput that                 
                  varies as a nonlinear function of a valve member angle              
                  about a valve shaft axis, which is transverse to the                
                  fluid flow, the valve member being rotatable about said             

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